Introduction
What is the Critical Skills Work Visa?
Occupation on the Critical Skills List
Qualification and SAQA Evaluation
Professional Registration
Job Offer with Specific Employment Details
Police Clearance for the Last Five Years
Sufficient Financial Means
Medical Report
Valid Passport
Age and Document Certification
How to Prepare Your Documents
Conclusion
Grasping the eligibility criteria for the Critical Skills Work Visa in South Africa is essential for a successful application process. By aligning your qualifications, experience, and employment offer with these requirements—and preparing all necessary documentation—you can enhance your chances of approval. The Critical Skills Work Visa not only facilitates your professional contributions to South Africa but also paves the way toward long-term residency and career advancement in one of Africa's most vibrant economies.

South African President Cyril Ramaphosa has unveiled streamlined visa procedures to ease travel for Nigerian business people and tourists.

The updated measures include the issuance of five-year multiple-entry visas and an option for Nigerian tourists to apply without submitting their passports physically.

Ramaphosa announced the initiatives on Tuesday, December 3, during the 11th session of the Nigeria-South Africa Bi-National Commission (BNC) in Cape Town, which was attended by Nigerian President Bola Tinubu.
The South African leader emphasized the importance of these steps in fostering stronger bilateral ties and enhancing economic and cultural exchanges between the two nations.

“Our efforts to create a favourable environment included simplifying the visa process for Nigerian business people travelling to South Africa. Qualifying Nigerian business people were granted a five-year multiple-entry visa,” he said.
He reaffirmed South Africa’s commitment to strengthening economic partnerships and resolving barriers that hinder investment opportunities.

“As we marked 30 years of diplomatic relations, we saw a bright future for our relationship. Our strong bonds of friendship provided a solid foundation for more meaningful economic cooperation,” Ramaphosa said.
President Ramaphosa recognized Nigeria’s support in hosting South African companies while highlighting South Africa’s reciprocal openness to Nigerian businesses.

“We needed to remove the remaining constraints to greater investment and address some of the challenges faced by companies,” he said.
The president praised Nigeria’s efforts to improve its business climate, emphasizing the significance of these reforms in attracting investment from South Africa and other international partners.

“Our government continued its efforts to improve the ease of doing business in South Africa. We wanted to enable investors to operate, trade, and pursue opportunities across various sectors,” he added.
“We looked forward to seeing more Nigerian companies invest in South Africa.”

President Ramaphosa addressed broader development challenges across the continent, reaffirming South Africa’s commitment to advancing the African Union’s Agenda 2063 within the framework of the G20.
“It was the first time the G20 Leaders’ Summit would be held on African soil. We sought to galvanise support for the AU’s Agenda 2063 as we pursued an inclusive global agenda,” he said.

Nearly five million temporary permits in Canada are set to expire by the end of 2025, raising significant concerns about the future of visa holders in the country.

Immigration Minister Marc Miller addressed these concerns earlier this week during his testimony before the Commons immigration committee. The permits in question include those for temporary foreign workers, students, and asylum claimants engaged in employment.

Conservative MP Tom Kmiec raised concerns about the government’s preparedness to manage the expiring permits, questioning how Canada would ensure that the 4.9 million visa holders leave the country if required.

In response, Minister Miller emphasized that the Canadian Border Services Agency (CBSA) is actively enforcing immigration laws and that most individuals are expected to leave voluntarily. He also addressed the issue of 766,000 study permits expiring by December 2025, stating that many students would either renew their permits or apply for post-graduate work permits to extend their stay.
Key statistics from Statistics Canada reveal that work permits under the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP) are significant components of the temporary foreign workforce. In 2021, 87% of TFWP permit holders and 69% of IMP permit holders for work purposes were employed. Temporary residents, particularly international students, make up a considerable portion of the workforce in Canada, but their growing numbers have raised concerns about the strain on infrastructure and social services.

The Canadian government, responding to mounting criticism of strained resources, has announced changes to immigration policies aimed at reducing the intake of both permanent and temporary residents. By 2025, the target for permanent residents will drop from 500,000 to 395,000, a 21% reduction. The number of temporary foreign workers is expected to decrease by over 40% by 2026, and the number of international students will also reduce by 10%.

Prime Minister Justin Trudeau has acknowledged the economic pressures caused by rapid immigration growth, particularly following the pandemic. While temporary foreign workers are vital to Canada’s economy, the pace of immigration has overwhelmed housing, healthcare, and social services. The new immigration caps are designed to balance the need for workers with the country’s infrastructure capacity.

Immigration analyst Darshan Maharaja noted that the growing influx of temporary residents, which now make up 7.3% of the population, is exacerbating the housing crisis, with high rental costs and overcrowded living conditions becoming more common. He also highlighted the strain on Canada’s healthcare system and the rising cost of living. Maharaja suggested that Indian workers, who make up a significant portion of Canada’s immigration landscape, may want to consider opportunities in other countries due to these growing challenges

The law is clear that an employer may not employ a foreigner without a valid work visa. Section 38 of the Immigration Act 13 of 2002, as amended (“the Immigration Act”) precludes the employment of foreigners who do not have a valid work permit, whilst section 49(3) makes it an offence to knowingly employ a foreigner in violation of the Immigration Act.

Notwithstanding these statutory prescriptions, certain unscrupulous employers still find occasion to flout the Immigration Act and employ foreigners in the absence of a valid work permit, often for reasons of convenience. In other instances, the employer is relatively blameless, such as where the work permit of an employee who has been in its employ for a period of time expires, leaving the employer in a quandary. The law has developed to include protections for such employees. The Labour Court has found, in the well-known case of Discovery Health Limited v CCMA & Others [2008] 7 BLLR 633 (LC), that foreign employees enjoy the same protections afforded by the Labour Relations Act 66 of 1995, as amended (“the LRA”), regardless of their legal status.

In other words, an employer is not entitled to simply jettison its obligation to ensure that both substantive and procedural fairness is observed when dismissing an employee who does not have a work permit. Employers are however often unsure as to how the issue should be addressed when they discover that they employ a foreigner who is employed in contravention of the Immigration Act.

Section 188 of the LRA places obligations on the employer to ensure that the dismissal is for a fair reason (substantive fairness) and is in accordance with a fair procedure (procedural fairness). The classification of the ground for the dismissal and the consequent procedure followed by the employer has a direct bearing on the fairness of the termination. An employer who applies the incorrect ground and consequently follows the incorrect procedure falls foul of the LRA resulting in an unfair dismissal and the risk of having to reinstate the employee and/or pay compensation (although in a case involving a foreign employee without a work permit reinstatement would most likely not be an appropriate remedy). In addition, a dismissal for operational requirements necessitates the payment of a severance package which has adverse financial implications for an employer. It is therefore important for the employer to ensure that it correctly contextualises the reason for the termination and that it follows the correct process.

There has been uncertainty about the appropriate ground for the termination of employment in circumstances where a foreigner’s work permit expires whilst in the employ of the employer. In particular, a debate has arisen about whether the dismissal is for reasons of incapacity or for operational requirements.

To determine the cause of the termination it is important to consider the factual cause of the dismissal. As a general rule, dismissals for operational requirements are related to the economic, structural, technological or similar needs of the business. These factors are external to the employee. Incapacity, on the other hand, is understood as the inability of the employee to perform either as a result of a lack of the required skill, knowledge, ability to do the job or as a result of illness or injury. These are factors which are internal to the employee. This distinction has however evolved in recent years and the distinction is not always clear to maintain.

In SACWU & Others, v Afrox Ltd (1999) 20 ILJ 718 (LAC) the Labour Appeal Court (“LAC”) relied on the concept of causation in determining the true reason for the dismissal. This case was concerned with establishing whether the employees had been dismissed for striking or for the operational requirements of the employer. 

The principles applied by the LAC are helpful:
[32] The enquiry into the reason for the dismissal is an objective one … The issue (the reason for the dismissal) is essentially one of causation…. The first step is to determine the factual causation: was participation [in] … the protected strike a sine qua non for the dismissal… put another way, would the dismissal have occurred if there was no … strike. If the answer is yes, then the dismissal was not automatically unfair. If the answer is no, that does not immediately render the dismissal automatically unfair, the next issue is one of legal causation …. Whether such participation or conduct was the “main”, or “dominant” or “proximate” or “most likely” cause of the dismissal.

In Samancor Tubatse Ferrochrome v MEIBC & Others [2010] 8 BLLR 824 (LAC), an employee who was unable to perform due to being incarcerated was dismissed for “operational incapacity”. The LAC held that the concept of incapacity is broader than ill-health or poor performance and would include external legal circumstances which are beyond the employee’s control and which prevent the employee from being able to perform.

This reasoning was followed in Armaments Corporation of South Africa (SOC) Ltd v CCMA & Others (2016) 37 ILJ (LC), where the Labour Court confirmed that dismissals for incapacity can take other forms, such as imprisonment and military call-ups, which incapacitate the employee from performing his obligations in terms of his contract of employment.

This broader understanding of the concept of incapacity was again confirmed in First National Bank — A Division of First Rand Bank Ltd v Commission for Conciliation, Mediation & Arbitration & others (2017) 38 ILJ 2545 (LC). This case concerned the dismissal of an employee who failed, on numerous occasions, to obtain qualifications required in terms of the Financial Advisory and Intermediary Services Act 37 of 2002 (“FAIS”). It was a term of the employee’s contract of employment that he should be qualified in terms of the statutory requirements of FAIS. The employer convened an incapacity process and dismissed the employee on the grounds of incapacity. The employee challenged the fairness of his dismissal by arguing that the employer had selected the wrong ground for dismissal and to the extent that the employer wished to dismiss him, it should have done so for operational requirements.

The Labour Court in FNB confirmed that the LRA recognises forms of incapacity broader than poor performance or ill-health and injury. After considering both the Samancor and Armscor judgments, the Labour Court confirmed that where an act of Parliament prohibits a certain type of employment, the continued employment is not possible on the grounds of incapacity, and not operational requirements.
The operation of the Immigration Act is no different. The Immigration Act precludes the employment of a foreigner who does not have a valid work permit. If an employee’s work permit expires, the employer is unable to satisfy the legal obligations demanded of it by the Immigration Act. In these circumstances, it may be appropriate for the employer to terminate the employment relationship by relying on the ground of legal incapacity.

Introduction
Expanding into South Africa offers exciting opportunities for USA entrepreneurs, but navigating import/export regulations can be daunting. This guide provides essential information on regulations, procedures and compliance requirements.

Registering as an Importer
1.    South African Revenue Service (SARS) Registration: Complete required forms and provide documentation.
2.    Obtain Import/Export Number: Necessary for customs clearance.
3.    Verify Tax Compliance: Ensure VAT registration and tax compliance.

Import Procedures                                                                                                                                                                                    1.    HS Code Classification: Determine duties and taxes using Harmonized System codes.
2.    Necessary Permits: Apply for permits for restricted goods (agricultural products, chemicals, pharmaceuticals).
3.    Import Documentation: Commercial invoice, packing list, certificate of origin.
4.    Customs Clearance: Submit documentation, pay duties and taxes.

Cost Estimation
1.    Customs Duties: Calculate using SARS import duty calculator.
2.    VAT (15%): Applied to import value plus duties.
3.    Logistics Costs: Shipping, insurance, handling fees.

Restricted and Prohibited Goods
1.    Agricultural Products: Certain restrictions apply.
2.    Hazardous Materials: Prohibited or heavily regulated.
3.    Electronics: Specific types restricted.

Finding a Customs Broker
1.    Expertise: Assist with documentation, compliance, customs clearance.
2.    Time-Saving: Streamline import process.
3.    Error Reduction: Minimize mistakes.

Additional Resources
1.    South African Revenue Service (SARS): Import requirements, regulations.
2.    South African Bureau of Standards (SABS): Product standards, certification.
3.    US Department of Commerce: Export regulations, guidance.

Comparison with USA Laws
1.    Customs Duties: Tariff schedules differ (HS vs. HTSUS).
2.    Import Permits: Specific requirements vary.
3.    Product Standards: Certification processes differ (SABS vs. FDA/EPA).
4.    Documentation: Formats and requirements differ.

Conclusion
Understanding South African import/export regulations ensures compliant business operations. USA entrepreneurs can navigate complexities, minimize delays and position themselves for success in the South African market.